Amendment 28· Data Act Articles 14 and 15
−Deletion
Text of the amendment
As tabled
Wording it would delete
6. Articles 14 and 15 are deleted;
Struck CommissionHighlighted amendment
Data Act Article 14 with this amendment
Amendment 28 applied to the Commission proposal, no other amendment
Where a public sector body, the Commission, the European Central Bank or a Union body demonstrates an exceptional need, as set out in Article 15, to use certain data, including the relevant metadata necessary to interpret and use those data, to carry out its statutory duties in the public interest, data holders that are legal persons, other than public sectors bodies, which hold those data shall make them available upon a duly reasoned request.
Data Act Article 15 with this amendment
Amendment 28 applied to the Commission proposal, no other amendment
An exceptional need to use certain data within the meaning of this Chapter shall be limited in time and scope and shall be considered to exist only in any of the following circumstances:
+Newwhere the data requested is necessary to respond to a public emergency and the public sector body, the Commission, the European Central Bank or the Union body is unable to obtain such data by alternative means in a timely and effective manner under equivalent conditions;
+Newin circumstances not covered by point (a) and only insofar as non-personal data is concerned, where:
+Newa public sector body, the Commission, the European Central Bank or a Union body is acting on the basis of Union or national law and has identified specific data, the lack of which prevents it from fulfilling a specific task carried out in the public interest, that has been explicitly provided for by law, such as the production of official statistics or the mitigation of or recovery from a public emergency; and
+Newthe public sector body, the Commission, the European Central Bank or the Union body has exhausted all other means at its disposal to obtain such data, including purchase of non-personal data on the market by offering market rates, or by relying on existing obligations to make data available or the adoption of new legislative measures which could guarantee the timely availability of the data.
+NewParagraph 1, point (b), shall not apply to microenterprises and small enterprises.
+NewThe obligation to demonstrate that the public sector body was unable to obtain non-personal data by purchasing them on the market shall not apply where the specific task carried out in the public interest is the production of official statistics and where the purchase of such data is not allowed by national law.
+NewJustification
Deleting Articles 14 and 15 would significantly reduce the ability of public authorities to access privately held data for important public-interest purposes beyond emergencies, such as policymaking, planning and statistics, potentially increasing dependence on large private actors for access to strategic data.
Target
Wording of the targeted provisionlaw in force, Commission proposal, latest Council text
No Council text amends Articles 14 and 15.
Cite this amendment
Amendment 28 (draft opinion by Brando Benifei), European Parliament, Committee on Legal Affairs, draft opinion on COM(2025) 837 (JURI-PA-789142, PE789.142v01-00, 5 June 2026), p. 27
Link, short form and official text
Amendment 28 (draft opinion by Brando Benifei), European Parliament, Committee on Legal Affairs, draft opinion on COM(2025) 837 (JURI-PA-789142, PE789.142v01-00, 5 June 2026), p. 27
JURI Amendment 28 (JURI-PA-789142), p. 27